Bill Text: CA SB19 | 2017-2018 | Regular Session | Amended
Bill Title: Public Utilities Commission: duties and responsibilities: governance.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-10-02 - Chaptered by Secretary of State. Chapter 421, Statutes of 2017. [SB19 Detail]
Download: California-2017-SB19-Amended.html
Amended
IN
Assembly
September 08, 2017 |
Amended
IN
Assembly
September 05, 2017 |
Amended
IN
Assembly
July 06, 2017 |
Amended
IN
Assembly
June 22, 2017 |
Amended
IN
Senate
May 26, 2017 |
Amended
IN
Senate
March 14, 2017 |
Senate Bill | No. 19 |
Introduced by Senator Hill (Coauthor: Assembly Member Levine) |
December 05, 2016 |
LEGISLATIVE COUNSEL'S DIGEST
(8)The California Constitution grants the Legislature plenary authority, unlimited by the other provisions of the Constitution, to establish the manner and scope of
review of commission action in a court of record. The Public Utilities Act provides that no court of the state, except the Supreme Court and the courts of appeal, has jurisdiction to review, reverse, correct, or annul any order or decision of the commission, to suspend or delay the execution or operation thereof, or to enjoin, restrain, or interfere with the commission in the performance of its official duties.
This bill would authorize an action against the commission arising under the California Public Records Act to be brought in the superior court.
(9)The Public Utilities Act, with certain exceptions, requires that a passenger stage corporation, as defined, obtain a certificate of public convenience and necessity from the commission to operate on any public highway in the state. The act authorizes the executive director to make application to the superior court for an order enjoining certain acts
or practices violating the requirements of the act or any of order, decision, rule, regulation, direction, demand, or requirement issued pursuant to those requirements, or for an order directing compliance. The act authorizes the superior court to grant a permanent or temporary injunction, restraining order, or other order, including an order allowing vehicles used for subsequent operations subject to the order to be impounded at the passenger stage corporation’s expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle.
Beginning July 1, 2018, this bill would instead authorize the commission, through its enforcement, consumer protection, or legal staff, to impound a vehicle owned or operated by a passenger stage corporation if the passenger stage corporation, or any officer, director, or agent of the passenger stage corporation, is engaged in any acts or practices in violation of the
act’s requirements, or of any order, decision, rule, regulation, direction, demand, or requirement issued pursuant to those requirements, subject to administrative review.
(10)
(11)
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(13)
(14)
Digest Key
Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the California Public Utilities Commission Governance, Accountability, Training, and Transportation Oversight Act of 2017.SEC. 2.
(a) The Legislature finds and declares that in his September 29, 2016, signing message for Senate Bills 62, 215, 512, and 661 (Chapters 806, 807, 808, and 809 of the Statutes of 2016), Governor Edmund G. Brown directed his administration to work with the Public Utilities Commission to develop a reorganization plan to transfer those duties and responsibilities of the commission over transportation-related entities that will be better performed by departments within the state’s Transportation Agency.SEC. 3.
(a) The receiving departments or local jurisdictions described in Sections 8, 9,(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery and Funeral Fund.
(6)Contractors’ License Fund.
(7)State Dentistry Fund.
(8)Guide Dogs for the Blind Fund.
(9)Home Furnishings and Thermal Insulation Fund.
(10)California Architects Board-Landscape Architects Fund.
(11)Contingent Fund of the Medical Board of California.
(12)Optometry Fund.
(13)Pharmacy Board Contingent Fund.
(14)Physical Therapy Fund.
(15)Private Investigator Fund.
(16)Professional Engineer’s and Land Surveyor’s Fund.
(17)Consumer Affairs Fund.
(18)Behavioral Sciences Fund.
(19)Licensed Midwifery Fund.
(20)Court Reporters’ Fund.
(21)Veterinary Medical Board Contingent Fund.
(22)Vocational Nurses Account of the Vocational Nursing and Psychiatric Technicians Fund.
(23)Electronic and Appliance Repair Fund.
(24)Geology and Geophysics Account of the Professional Engineer’s
and Land Surveyor’s Fund.
(25)Dispensing Opticians Fund.
(26)Acupuncture Fund.
(27)Physician Assistant Fund.
(28)Board of Podiatric Medicine Fund.
(29)Psychology Fund.
(30)Respiratory Care Fund.
(31)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(32)Board of Registered Nursing Fund.
(33)Psychiatric Technician Examiners
Account of the Vocational Nursing and Psychiatric Technicians Fund.
(34)Animal Health Technician Examining Committee Fund.
(35)State Dental Hygiene Fund.
(36)State Dental Assistant Fund.
(37)Structural Pest Control Fund.
(38)Structural Pest Control Eradication and Enforcement Fund.
(39)Structural Pest Control Research Fund.
(40)Household Goods Carriers Fund.
(b)For accounting and recordkeeping purposes, the Professions and
Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors’ License Fund.
(7)State
Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private
Investigator Fund.
(17)Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters’ Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nurses Account of the Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Dispensing Opticians Fund.
(26)Acupuncture Fund.
(27)Physician Assistant Fund.
(28)Board of Podiatric Medicine Fund.
(29)Psychology Fund.
(30)Respiratory Care Fund.
(31)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(32)Board of Registered Nursing Fund.
(33)Psychiatric Technician Examiners Account of the Vocational
Nursing and Psychiatric Technicians Fund.
(34)Animal Health Technician Examining Committee Fund.
(35)State Dental Hygiene Fund.
(36)State Dental Assistant Fund.
(37)Structural Pest Control Fund.
(38)Structural Pest Control Eradication and Enforcement Fund.
(39)Structural Pest Control Research Fund.
(40)Household Goods Carriers Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be
deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for
expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 4.
Section 205 of the Business and Professions Code, as added by Section 2 of Chapter 395 of the Statutes of 2015, is repealed.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery and Funeral Fund.
(6)Contractors’ License Fund.
(7)State Dentistry Fund.
(8)Guide Dogs for the Blind Fund.
(9)Home Furnishings and Thermal Insulation Fund.
(10)California Architects Board-Landscape Architects Fund.
(11)Contingent Fund of the Medical Board of California.
(12)Optometry Fund.
(13)Pharmacy Board Contingent Fund.
(14)Physical Therapy Fund.
(15)Private Investigator Fund.
(16)Professional Engineer’s and Land Surveyor’s Fund.
(17)Consumer Affairs Fund.
(18)Behavioral Sciences Fund.
(19)Licensed Midwifery Fund.
(20)Court Reporters’ Fund.
(21)Veterinary Medical Board Contingent Fund.
(22)Vocational Nurses Account of the Vocational Nursing and Psychiatric Technicians Fund.
(23)Electronic and Appliance Repair Fund.
(24)Geology and Geophysics Account of the Professional Engineer’s
and Land Surveyor’s Fund.
(25)Dispensing Opticians Fund.
(26)Acupuncture Fund.
(27)Physician Assistant Fund.
(28)Board of Podiatric Medicine Fund.
(29)Psychology Fund.
(30)Respiratory Care Fund.
(31)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(32)Board of Registered Nursing Fund.
(33)Psychiatric Technician Examiners
Account of the Vocational Nursing and Psychiatric Technicians Fund.
(34)Animal Health Technician Examining Committee Fund.
(35)State Dental Hygiene Fund.
(36)State Dental Assistant Fund.
(37)Structural Pest Control Fund.
(38)Structural Pest Control Eradication and Enforcement Fund.
(39)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special
funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 5.
Section 205 of the Business and Professions Code, as added by Section 2 of Chapter 428 of the Statutes of 2015, is repealed.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors’ License Fund.
(7)State
Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters’ Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nurses Account of the Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Dispensing Opticians Fund.
(26)Acupuncture Fund.
(27)Physician Assistant Fund.
(28)Board of Podiatric Medicine Fund.
(29)Psychology Fund.
(30)Respiratory Care Fund.
(31)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(32)Board of Registered Nursing Fund.
(33)Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technicians Fund.
(34)Animal Health Technician Examining Committee Fund.
(35)State Dental Hygiene Fund.
(36)State Dental Assistant Fund.
(37)Structural Pest Control Fund.
(38)Structural Pest Control Eradication and Enforcement Fund.
(39)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1,
2016.
SEC. 6.
Section 205 of the Business and Professions Code, as amended by Section 1 of Chapter 800 of the Statutes of 2016, is amended to read:205.
(a) There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:SEC. 6.5.
Section 205 of the Business and Professions Code, as amended by Section 1 of Chapter 800 of the Statutes of 2016, is amended to read:205.
(a) There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:(8)Guide Dogs for the Blind Fund.
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SEC. 7.
Section 9810 of the Business and Professions Code is amended to read:9810.
(a) (1) There is in the Department of Consumer Affairs a Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation, under the supervision and control of the director. The director shall administer and enforce the provisions of this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8.SEC. 8.
Chapter 3.1 (commencing with Section 19225) is added to Division 8 of the Business and Professions Code, to read:
CHAPTER
3.1. Household Goods Carriers Movers Act
Article 1. General Provisions and Definitions
19225.
This chapter may be cited as the “Household19225.5.
For purposes of this chapter, unless the context otherwise requires, the following provisions shall apply:(l)“Permit” includes a license.
(m)
(n)
19225.7.
In construing and enforcing the provisions of this chapter relating to citations and discipline, the act, omission, or failure of any officer, agent, or employee of any person or corporation, acting within the scope of his or her official duties or employment, is the act, omission, or failure of the employing person or corporation.19225.9.
Every power granted to or duty imposed upon the director under this chapter may be exercised or performed in the name of the director by a deputy or assistant director or by the chief, subject to conditions and limitations that the director may prescribe.19226.
The regulation of the transportation of used household goods and personal effects in a motor vehicle or motor vehicles over any public highway in this state shall be exclusively as provided in this chapter. Any provision of the Public Utilities Code in conflict with the provisions of this chapter does not apply to a household19227.
The transportation of used household goods and personal effects in any truck or trailer for compensation over any public highway in this state is a highly specialized type of truck transportation. This chapter is enacted for the limited purpose of providing necessary regulation for this specialized type of truck transportation only, and is not to be construed for any purpose as a precedent for the extension of that regulation to any other type of truck transportation not presently so restricted.19228.
(a) Notwithstanding any other law, and until the time the director adopts regulations implementing this chapter, powers granted to, or duties imposed on, the Public Utilities Commission pursuant to the former Chapter 7 (commencing with Section 5101) of Division 2 of the Public Utilities Code are transferred to, and may be exercised by, the director in administering this chapter.19229.
(a) The Household19229.1.
(a) The use of the public highways for the transportation of used household goods and personal effects for compensation is a business affected with a public interest. It is the purpose of this chapter to do all of the following:19233.
This chapter shall not be construed as a regulation of commerce with foreign nations or among the several states, except insofar as those regulations are not prohibited under the provisions of the United States Constitution and the acts of the Congress of the United States.19234.
The director, in accordance with the State Civil Service Act and Section 159.5, may appoint and fix the compensation of clerical, inspection, investigation, and auditing personnel, as well as a deputy chief, as may be necessary to carry out the provisions of this chapter. All such personnel shall perform their respective duties under the supervision and the direction of the chief.19234.1.
Protection of the public shall be the highest priority for the bureau in exercising its licensing, regulatory, and disciplinary functions under this chapter. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
Article
2. Regulation of Household Goods Carriers Movers
19235.
A household19236.
(a) Each household19237.
(a) A household19238.
(a) To obtain an original permit, an applicant shall submit to the bureau an application in writing, on a form containing information prescribed by the bureau, which is verified under oath, and accompanied by proof of service upon those interested parties, as required by the bureau. The bureau shall require the applicant to attest in the application to facts demonstrating that the applicant is not barred by law or court order from acting as a household19239.
(a) Before a permit is issued, the bureau shall require the applicant to establish ability and reasonable financial responsibility to initiate the proposed operations. The bureau shall require the applicant to establish his or her knowledge and ability to engage in business as a household19239.1.
(a) Except as provided for in subdivision (b), every household19239.2.
(a) The bureau shall accept a certificate required by Section 19239.1 as of the effective date shown on the certificate, if the certificate is received by the bureau within 90 days after that date, and shall reinstate the19239.3.
The bureau shall not issue or authorize the transfer of any permit under this chapter to any person or corporation against whom a final judgment has been entered and whose name has been transmitted to the bureau pursuant to Section 3716.4 of the Labor Code, unless that judgment has been satisfied or has been discharged in accordance with the bankruptcy laws of the United States.19239.4.
(a) The failure of a19240.
(a) Each original application for issuance of a permit under this chapter shall be accompanied by(c)
19241.
(a) A household19242.
The bureau shall establish rules and regulations governing the notification to shippers of any delay in the delivery of goods beyond the date agreed to by the19243.
(a) The bureau may establish rules for the performance of any service of the character furnished or supplied by household19244.
It is unlawful for the owner of a household19245.
(a) Except as provided in Section 19237, a household19246.
(a) For purposes of this section, the following terms have the following meanings:“IMPORTANT NOTICE ABOUT YOUR MOVE
____________________________________________________________
____________________________________________________________
___________________________________________________________.
“If you request additional or different services at the time of the move, you may be asked to complete a Change Order which will set forth your agreement to pay for additional fees for those newly requested services. If you agree to the additional charges on that Change Order, those charges may be added to the “NOT TO EXCEED” amount set forth above. If you do not agree to the amounts listed in the Change Order, you should not sign it and may refuse the mover’s services.
_____
Insert toll-free number
_____
. | |
“I have completed this form and provided the consumer (shipper) with a copy of this notice. “Signed ________________________ Dated __________________ | |
“I have been
provided with a copy of this form. “Signed ________________________ Dated _________________” |
19247.
Every householdArticle 3. Accident Liability Protection
19248.
(a) The bureau, in granting permits pursuant to this chapter, shall require19249.
The protection required under this article shall be evidenced by the deposit of any of the following with the bureau covering each vehicle used or to be used under the permit applied for:19250.
With the consent of the bureau a copy of an insurance policy, certified by the company issuing it to be a true copy of the original policy, or a photostatic copy of the policy, or an abstract of the provisions of the policy, or a certificate of insurance issued by the company issuing the policy, may be filed with the bureau in lieu of the original or a duplicate or counterpart of the policy.19251.
The protection against liability shall be continued in effect during the active life of the permit. The policy of insurance or surety bond shall not be cancelable on less than 30 days’ written notice to the bureau.19252.
The bureau may establish such rules and regulations as are necessary to enforce this article.Article 4. Rates
19253.
(a) The bureau shall establish or approve maximum or minimum or maximum and minimum rates to be charged by household19253.1.
A household19253.2.
The bureau may establish procedures by which any household19253.3.
The bureau shall make any rules that are necessary to the application and enforcement of the rates established or approved pursuant to this chapter.19254.
A household19255.
No household19256.
No person, no corporation, and no officer, agent, or employee of a corporation shall, by means of false billing, false or incorrect classification, false weight or weighing, false representation as to the content or substance of a package, or false report or statement of weight, or by any other device or means, whether with or without the consent or connivance of a household19257.
No person, no corporation, and no officer, agent, or employee of a corporation, shall knowingly, directly or indirectly by any false statement or representation as to cost or value or the nature or extent of damage, or by the use of any false billing, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, or deposition, or upon any false, fictitious, or fraudulent statement or entry, obtain or attempt to obtain any allowance, rebate, or payment for damage in connection with or growing out of the transportation of property subject to this chapter, or an agreement to transport property subject to this chapter, whether with or without the consent or connivance of a householdArticle 5. Reports, Records, and Inspections
19258.
(a) Each household19259.
The bureau may require any household19260.
The bureau may prescribe the forms of any accounts, records, and memoranda, including those pertaining to the movement of traffic and the receipt or expenditure of money, to be kept by household19260.1.
If the bureau has prescribed the forms of accounts, records, and memoranda to be kept by a household19260.2.
The bureau and its authorized employees, representatives, and inspectors shall at all times have access to all lands, buildings, and equipment of household19260.3.
The employees, representatives, and inspectors of the bureau may inspect and examine any lands, buildings, equipment, accounts, books, records, and memoranda, including all documents, papers, and correspondence kept or required to be kept by household19261.
Sections 19258 to 19260.3, inclusive, shall, to the extent deemed necessary by the bureau, apply to persons having control, direct or indirect, over or persons affiliated with any householdAny employee of the bureau who divulges any fact or information that comes to his or her knowledge during the course of the examination of the accounts, records, and memoranda of household goods carriers, except as he or she is authorized or directed by the bureau or by a court of competent jurisdiction or a judge of the court, is guilty of a misdemeanor and is punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than three months, or both.
19263.19262.
(a) Every householdArticle 5.3. Delivery and Claims
19265.
A claim against a householdArticle 5.4. Subhauling Agreements
19266.
A household19266.1.
The bureau shall adopt any rules and regulations it determines to be necessary to enforce the requirements of this article.19266.2.
This article does not apply to a subhauling agreement when the subhauler is not otherwise subject to this chapter for activity related to the subhauling agreement.Article 5.5. Estimates
19267.
The bureau shall establish rules and regulations controlling the estimates given by a householdArticle 6. Proceedings
19268.
(a) Except as otherwise provided in this chapter, all proceedings under this chapter to deny, suspend, amend, revoke, or place on probation a permit19269.
Whenever the bureau determines that any household19269.1.
(a) Whenever the bureau determines that any household19270.
Upon the filing of such a petition, the court shall specify a time, not exceeding 20 days after the service of the copy of the petition, within which the householdArticle 7. Suspension and Revocation of Permits
19271.
The bureau may, at the request of any household19272.
Upon the suspension of a permit, the bureau shall require the removal from any vehicle operated under the permit of any identifying symbols that have been placed on the vehicle.19273.
Upon the termination of the period of suspension, the bureau shall restore the permit and the19274.
A permit shall remain in effect until suspended or terminated as provided in this chapter. Any permit not exercised for a period of one year, inclusive of all periods of suspension, shall lapse and terminate.19274.1.
(a) The bureau shall only authorize a sale, lease, assignment, or other transfer of a permit to a transferee who has qualified in the manner provided by Section 19239.19275.
(a) The bureau may suspend the permit of any household19275.1.
(a) Upon receipt of a stop order issued by the Director of Industrial Relations pursuant to Section 3710.1 of the Labor Code, the bureau shall investigate to determine whether the household19275.2.
(a) (1) Upon receipt of a written recommendation from the Department of the California Highway Patrol that the permit of a household19276.
After the cancellation or revocation of a permit or during the period of its suspension, it is unlawful for a householdArticle 8. Fines and Penalties
19277.
(a) Every household19277.1.
Every household19278.
Every corporation or person other than a household19279.
Except as otherwise provided in this chapter, every household19279.1.
Whenever the bureau finds that any person or corporation is operating as a household19279.2.
Every corporation or person other than a household19279.3.
Every corporation or person who knowingly and willfully issues, publishes, or affixes, or causes or permits the issuance, publishing, or affixing, of any oral or written advertisement, broadcast, or other holding out to the public, or any portion thereof, that the corporation or person is in operation as a household19280.
Every household19281.
Every violation of the provisions of this chapter or of any order, decision, decree, rule, regulation, direction, demand, or requirement administered by the bureau pursuant to this chapter by any household19282.
All remedies and penalties accruing under this chapter are cumulative to each other and to the remedies and penalties available under any other law, and a suit for the recovery of one remedy or penalty does not bar or affect the recovery of any other remedy, penalty, or forfeiture or bar any criminal prosecution against any person or corporation, or any officer, director, agent, or employee thereof, or any other corporation or person.19283.
Fines not paid to the bureau within the specified time period for a violation of this chapter or any order, decision, rule, regulation, direction, demand, tariff, or requirement administered by the bureau pursuant to this chapter shall be cause to deny the renewal of a permit or to suspend, revoke, or place it on probation.19283.1.
(a) The bureau shall ensure that this chapter is enforced and obeyed, and that violations thereof are promptly prosecuted and that moneys due to the state are recovered and collected.19283.2.
All fines recovered by the bureau pursuant to this chapter, together with the costs thereof, shall be paid into19284.
(a) Whenever a written notice to appear has been mailed to the owner of a household
Article
9. Household Goods Carriers Mover Uniform Business License PermitFee Act
19285.
This article may be cited as the Household19286.
An adequate transportation system is essential to the welfare of the state, and an important part of that system is service rendered by household19287.
On and after the effective date of this article, a city, county, or a city and county shall not assess, levy, or collect an excise or license fee or tax of any kind, character, or description whatever upon the intercity transportation business conducted on or after the effective date of this article, by any household19288.
(a) On and after the effective date of this article, there is imposed upon every household(b)Except as otherwise provided for in this chapter, the amount of fees in connection with licenses, transportation of property, failure to file reports, delinquent payments, and reinstatements shall be in the amounts shown in
the following table. The bureau may conduct a fee audit to determine the funds necessary to administer this chapter, and may increase or decrease the fees set forth in this section, as determined by the bureau.
Fee Type Fee Amount Original application $500.00 Biennial license fee $5,000.00 Renewal license fee $3,000.00 Reinstatement after suspension - license not expired $3,000.00 Reinstatement after suspension - license expired $5,000.00 Reinstatement after cancellation or revocation $5,500.00 Reinstatement after reinspection $125.00 Delinquency fee for failure to file timely
reports $25.00 Transporter fee for carriers electing to transport used office, store, and institution furniture and fixtures $150.00 Permit transfer fee $150.00 Permit transfer fee for deceased permittee $25.00
19288.1.
Until the adoption of fees by the bureau pursuant to Section 19288, every household mover shall pay to the bureau the fees required pursuant to, and in the manner specified in, Sections 5003.1 and 5003.2 of the Public Utilities Code. It is the intent of the Legislature that the fees imposed by this section shall be equivalent to the fees collected by the Public Utilities Commission, and imposed pursuant to Sections 5003.1 and 5003.2 of the Public Utilities Code, as of September 1, 2017. The fees to be paid by household movers as specified in this section are in addition to the fee specified in paragraph (2) of subdivision (b) of Section 19288.19288.2.
(a) If a household mover is in default on the payment of the fees prescribed by this chapter for a period of 30 days or more, the bureau may suspend or revoke the household mover’s permit. The bureau shall estimate from all available information the gross operating revenue of that household mover, compute the fee for which the household mover is in default, and impose a penalty of 25 percent of that amount for failure, neglect, or refusal to report. In no event shall the amount of the penalty be less than one dollar ($1). Upon payment of the estimated fee and the penalty, the permit shall be reinstated.19289.
(a) Any person who submits to the bureau a check for fees that is returned unpaid shall pay all subsequent required fees by cashier’s check or money order.19290.
(a) Permits issued under this chapter expire two years from the date of issuance. To renew a permit, a permittee shall, on or before the date on which it would otherwise expire, apply for renewal on a form prescribed by the chief, and continue to pay the fees prescribed in19292.
The employees, representatives, auditors, and inspectors of the bureau may, under its order or direction, inspect and examine any books, accounts, records, memoranda, documents, papers, and correspondence kept by any person, corporation, or person having direct or indirect control over a person or corporation subject to this chapter. A permittee’s failure to allow an inspection pursuant to this section is grounds for suspension or revocation of the permit.19293.
(a) The bureau may establish rules and regulations as it deems necessary to carry out this article.Article 10. Operative Date
19294.
This chapter shall become operative on July 1, 2018.SEC. 9.
Article 2.9 (commencing with Section 759) is added to Chapter 5 of Division 3 of the Harbors and Navigation Code, to read:Article 2.9. Accident Liability Protection for Vessels
759.
For purposes of this article, the following provisions shall apply:759.2.
The division shall require every for-hire vessel company to procure, and continue in effect so long as the for-hire vessel company continues to offer its services for compensation, adequate protection against liability imposed by law upon a for-hire vessel company for the payment of damages for personal bodily injuries, including death resulting from those services, and property damage as a result of an accident.759.4.
The division shall, after a public hearing, set the amount of liability insurance, required by Section 759.2, that is reasonably necessary to provide adequate compensation for damage incurred through an accident involving a for-hire vessel company. This amount shall be subject to periodic adjustment pursuant to the process described in this article.759.6.
The protection required under Section 759.2 shall be evidenced by deposit with the division, covering each vessel used or to be used in for-hire vessel operations for compensation, of any of the following:759.8.
With the consent of the division, a copy of an insurance policy, certified by the company issuing it to be a true copy of the original policy, or a photostatic copy thereof, or an abstract of the provisions of the policy, or a certificate of insurance issued by the company issuing the policy, may be filed with the division in lieu of the original or a duplicate or counterpart of the policy.759.10.
The protection against liability shall be continued in effect so long as the for-hire vessel company continues to offer its services for compensation. The policy of insurance or surety bond shall not be cancelable on less than 30 days’ written notice to the department, except in the event of cessation of operations as a for-hire vessel company.759.12.
The division may establish rules as are necessary to enforce this article.759.14.
Any for-hire vessel company that knowingly refuses or fails to procure protection against liability, as required by Section 759.2, is guilty of a misdemeanor.759.16.
Following an administrative hearing, the division may impose a penalty of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000) upon any for-hire vessel company that violates any provision of this article or that fails to obey, observe, or comply with any rule established by the division pursuant to Section 759.12.759.18.
(a) Upon filing of the evidence of liability protection pursuant to Section 759.2, the division shall provide a certificate of filing to the for-hire vessel company. The certificate shall be no larger than 8 ½ by 11 inches in size. The for-hire vessel company shall post the certificate of filing on the vessel in a prominent location that is visible to the passengers.759.20.
Upon receiving notification of impending cancellation of liability protection pertaining to a for-hire vessel company, the department shall, effective upon the date of the cancellation, revoke the certificate provided to the company pursuant to Section 759.18 and shall notify the company of this revocation. The company shall return the revoked certificate to the division.759.22.
Rules and regulations adopted by the Public Utilities Commission pursuant to its prior authority over insurance of for-hire vessel companies shall remain in effect until revised or repealed by the division.759.24.
This article shall become operative on July 1, 2018.SEC. 10.
Section 212 of the Public Utilities Code is amended to read:212.
(a) “Common carrier” shall not include:SEC. 11.
Section 212 is added to the Public Utilities Code, to read:212.
(a) “Common carrier” shall not include:SEC. 12.
Section 303 of the Public Utilities Code is amended to read:303.
(a) A public utilities commissioner may not hold an official relation to, nor have a financial interest in, a person or corporation subject to regulation by the commission. If any commissioner acquires a financial interest in a corporation or person subject to regulation by the commission other than voluntarily, his or her office shall become vacant unless within a reasonable time he or she divests himself or herself of the interest.SEC. 13.
Section 307.2 is added to the Public Utilities Code, to read:307.2.
There is within the legal division of the commission an ethics officer who shall beSEC. 14.
Section 307.5 is added to the Public Utilities Code, to read:307.5.
(a) The commission shall appoint a chief administrative law judge, who shall hold office at the pleasure of the commission.(c)The chief administrative law judge shall keep a full and true record of all proceedings of the commission.
SEC. 15.
Section 307.6 is added to the Public Utilities Code, to read:307.6.
(a) The commission shall appoint a chief internal auditor, who shall hold office at the pleasure of the commission.(a)The commission shall appoint an executive director, who shall hold office during its pleasure. The executive director shall be responsible for the commission’s executive and administrative duties and shall organize, coordinate, supervise, and direct the operations and affairs of the commission and expedite all matters within the commission’s jurisdiction.
(b)The executive director shall issue all
necessary process, writs, warrants, and notices and perform those other duties as the president, or vote of the commission, prescribes. The president may authorize the executive director to dismiss complaints or applications when all parties are in agreement thereto, in accordance with rules that the commission may prescribe.
(c)The commission may appoint assistant executive directors who may serve warrants and other process in any county or city and county of this state.
SEC. 17.SEC. 16.
Section 309 of the Public Utilities Code is amended to read:309.
(a) The executive director may employ such officers, administrative law judges, experts, engineers, statisticians, accountants, inspectors, clerks, and employees as the executive director deems necessary to carry out the provisions of this part or to perform the duties and exercise the powers conferred upon the commission by law. All officers and employees shall receive such compensation as is fixed by the commission.SEC. 18.SEC. 17.
Section 314.6 is added to the Public Utilities Code, to read:314.6.
(a) The commission may conduct financial and performance audits of any entity or program created by any order, decision, motion, settlement, or other action of the commission.SEC. 19.SEC. 18.
Section 321 of the Public Utilities Code is amended to read:321.
(a) The commission shall appoint a public advisor and establish an office of the public advisor, including a separate office in the Los Angeles office of the commission. The commission may employ staff as necessary to carry out the duties of the office of the public advisor. The office of the public advisor shall assist members of the public and ratepayers who desire to testify before or present information to the commission in any hearing or proceeding of the commission. The public advisor shall advise the commission on procedural matters relating to public participation in proceedings of the commission.For purposes of entering into contracts for consultant or advisory services, including contracting for legal services by attorneys who are not employees of the commission, the requirements of Sections 11042 and 14615 of the Government Code and Sections 10295 and 10318 of the Public Contract Code apply to the activities of the commission, except when the commission makes a finding that extraordinary circumstances justify expedited contracting for consultant or advisory services.
SEC. 19.
Section 633 is added to the Public Utilities Code, to read:633.
The requirements of Section 632 do not apply to contracts for legal services. The commission shall notify the Attorney General when contracting for legal services by attorneys who are not employees of the commission.SEC. 21.SEC. 20.
Section 912.3 is added to the Public Utilities Code, to read:912.3.
Immediately upon completion of an audit of any entity or program created by any order, decision, motion, settlement, or other action by the commission conducted pursuant to Section 314.6, the commission shall transmit a copy of the audit report to the Legislature, including to the appropriate policy and fiscal committees or subcommittees of the Legislature, and to the Governor. The audit report shall be submitted to the Legislature in compliance with Section 9795 of the Government Code.(a)When the executive director of the commission determines that any passenger stage corporation, or any officer, director, or agent of any passenger stage corporation, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order, including, but not limited to, an order allowing vehicles used for subsequent operations
subject to the order to be impounded at the carrier’s expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle, upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices.
(b)This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed.
(a)The commission, through its enforcement, consumer protection, or legal staff, shall have the authority to impound a vehicle owned or operated by a passenger stage corporation if the commission, or its enforcement, consumer protection, or legal staff, determines that the passenger stage corporation, or any officer, director, or agent of the passenger stage corporation, is engaged in any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter. The commission shall not exercise this authority until it amends its existing general orders, resolutions, or decisions as necessary to provide for a prompt and fair administrative review of the
decision to impound a vehicle.
(b)This section shall become operative on July 1, 2018.
(a)No court of this state, except the Supreme Court and the court of appeal, to the extent specified in this article, shall have jurisdiction to review, reverse, correct, or annul any order or decision of the commission or to suspend or delay the execution or operation thereof, or to enjoin, restrain, or interfere with the commission in the performance of its official duties, as provided by law and the rules of court.
(b)The writ of mandamus shall lie from the Supreme Court and from the court of appeal to the commission in all proper cases as prescribed in Section 1085 of the Code of Civil Procedure.
(c)This section does not apply to an action arising from the
California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). An action arising from the California Public Records Act may be brought in the superior court.
SEC. 25.SEC. 21.
Article 6 (commencing with Section 4025) is added to Chapter 2.5 of Division 2 of the Public Utilities Code, to read:Article 6. Repeal
4025.
This chapter shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed.SEC. 26.SEC. 22.
Article 2 (commencing with Section 4675) is added to Chapter 4.5 of Division 2 of the Public Utilities Code, to read:Article 2. Repeal
4675.
This chapter shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed.SEC. 27.SEC. 23.
Article 10 (commencing with Section 5340) is added to Chapter 7 of Division 2 of the Public Utilities Code, to read:Article 10. Repeal
5340.
This chapter shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed.The commission, through its enforcement, consumer protection, or legal staff, shall have the authority to impound a vehicle owned or operated by a charter-party carrier if the commission, or its enforcement, consumer protection, or legal staff, determines that the charter-party carrier, or any officer, director, or agent of the charter-party carrier, is engaged in any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter. The commission shall not exercise this authority until it amends its existing general orders, resolutions, or decisions as necessary to provide for a prompt and fair administrative review of its decision to impound a
vehicle.